Volume 557, Page 632 View pdf image (33K) |
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632 first Article of his reasons its said to be John Wade alias dictus John Wade of Kent County consequently within the Jurisdicon of this Court but as long as the acc.o and declr are agreeable to the Writt and that it contained certainty and verity for that is the foundacon of the suit whereunto the defend.t must answer and wherupon the Court is to give their Judgm.t and therfore I presume no cause of error Cook Inst fol 303 4.thly The Defend.t declares that the Medicines and other meanes were not delivered att the Especial Instance and request of him the said Wade but were brought to the house of the aforesd Wade without the privity or consent which seemes very improbable that the plt should be soe slack of imploym.t or that his meanes should be of soe smale a value as to destroy his owne intrest and farther run him selfe under the lath of forcible Entry 5.th of of Rich y.e 2.d Cap 7 look insti folio 257 & in the same Article he father questions wether he be qualifid of Administring Meanes which I loane to the Defend.t to examine but certaine I am he hath practiced for many yeares facit usus promitus and custom became a Law look Inst fo 110 5.thly The Defend.t declares that the plt brought his Accon upon Indebitatus Assumptis which is acc.o made up what fairer way cann there be for an acc.o then D.r and l.z for the acc.o is the substance Itob 55 Tryall p pais fol 142 6.thly The Defend.t declares that the plt never demanded the debt that is sufficiently proved for the writt is a demand look Inst 291 Title demand and not ondly soe but wee proceeded according to our Act of Assembly went to the house of the Defend.t & demanded aforsd debt therfore I hope Your Worships will be advised by the learned sages int Law my Lord look & several others learned authors and conclude as King Edw.d the Third and Queene Eliz hath provided that without any [illegible] of any imp.rfection defect or want of forme in any Writt returne plaint or declaracon confirme the aforesaid Judgm.t looke In statutes folio 304 Jones p qr |
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Volume 557, Page 632 View pdf image (33K) |
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